At right, Warren Miller, left, stands with director Josh Berman of Denver-based Level 1 Production, which was sued by Boulder-based Warren Miller Entertainment over Miller's work with Level 1's film "Refresh." Miller sold his film company in 1988 to WME and signed noncompete agreements as part of the deal. Above is a scene from the WME film "Impact."

Warren Miller, left, stands with director Josh Berman of Denver-based Level 1 Production, which was sued by Boulder-based Warren Miller Entertainment over Miller's work with Level 1's film "Refresh." Miller sold his film company in 1988 to WME and signed noncompete agreements as part of the deal.

A three-member Colorado arbitration panel has denied Warren Miller Entertainment’s breach-of-contract claim against its iconic namesake, filmmaker Warren Miller. But while the decision gives Miller more control over his name, it could force him out of the ski-film industry he sparked more than 60 years ago.

Miller sold his movie company in 1988 and signed endorsement and noncompete contracts with the company as part of the sale. Warren Mil ler Entertainment argued that his narration in a competitor’s movie violated those contracts.

The arbitrating panel last week ruled that the noncompete clauses in five contracts negotiated between the man and the company between 1988 and 1998 had expired but that Miller’s participation in “Refresh” breached his promises for exclusive publicity of WME’s annual movies.

“WME owns the exclusive right, in perpetuity, in all media, to the name, the personal endorsement, use of voice and the likeness of Warren Mil ler, only when used with its existing business, and the fruits of its related efforts,” the panel ruled.

Financial impact uncertain

Even though Miller broke his contractual obligation for endorsement, the arbitrators could not determine the financial impact of that violation. They found the company’s claims for damages to be “speculative, insufficient and lacking credibility to support any specific damage.”

That lack of specific evidence led the arbitrators to ultimately rule there was no breach of contract.

In a statement released Thursday, Miller said his involvement in the case “was worth standing up for what is right.”

“I am glad the panel found that I did not breach any contract,” said Miller, who turns 86 today. “For WME to say or imply that they have exclusive rights to my name, personal endorsement, voice and likeness for all endeavors is both legally false and totally absurd. I have not been involved with my old company’s films in any capacity for many years now, and I will not work with WME again.”

While the ruling forbids Miller from working with other ski-film makers, Miller can use his name and support for projects outside the scope of WME.

WME spokesman Dean Turcol said his company was pleased with the decision in that it confirmed the company’s ownership of Warren Miller when it comes to ski movies.

“Warren sold those rights to WME many years ago,” Turcol said in a statement. “WME was not seeking to expand its rights or take anything that Warren did not originally sell. The panel simply confirmed WME’s understanding of exactly what was sold.”

Even though he may no longer be involved in ski films, a type of film he single-handedly created as a camera- toting ski bum in 1949, Miller this week said he was reviving his Warren Miller Co. He plans to launch a multiple-city touring event, known as “An Evening With Warren Miller,” with an “open discussion about his uniquely entertaining life experiences.”

Jason Blevins covers tourism, mountain business, skiing and outdoor adventure sports for both the business and sports sections at The Denver Post, which he joined in 1997. He skis, pedals, paddles and occasionally boogies in the hills and is just as inspired by the lively entrepreneurial spirit that permeates Colorado's high country communities as he is by the views.

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